RAKESH JHUNJHUNWALA Vs. JITRAM BARAIK AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant against the Judgment and Award passed by the 1st Additional Judicial Commissioner-cum-Motor Accident Claims Tribunal, Ranchi, in Compensation case No. 7/1 of 1991-1993.

(2.) One Sanjay Kumar @ Sanjay Baraik, sons of the claimants-respondents had met with an accident on 27th Dec., 1990 involving the truck bearing No. RN-BHN-5021, allegedly owned by the appellant. The injured Sanjay Kumar died due to serious head injury caused due to accident. From the side of the opposite party No. 1, the owner, the claim was contested regarding the involvement of the truck and its rashness and negligence. It was contended that even if the -truck was found to be an offending one, then also the liability can be fastened with M/s. Oriental Insurance Company Ltd., respondent No. 3 in the present appeal, with whom the vehicle was insured at the relevant time. On the other hand, the Insurance Company by filing written-statement has shirked his responsibility by stating that the vehicle was insured with the Insurance Company only from the date of accident, that too after the accident was occurred at about 11.00 a.m. while the insurance policy was registered at 2.20 p.m.

(3.) Learned Court below on the basis of the certificate of insurance which was marked as Exhibit-A, held that the Insurance Company is not liable and, as such, the amount of compensation which was assessed at Rs. 35,000.00 was directed to be borne by the owner of the offending truck i.e. the appellant.